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5. Description of t;~9;,-,,-.:,1~ j ,.,,' ::J: :,.;1I~' mum stream flow claimed: t,he natural stream Chi:lnnel from head~aters in vicinity of lat 39 deg 22'22" N, long 106 deg 30'03 W as the upstream terminus and confluence with Missouri Creek at lat 39 deg 23'05" N, long 106 deg 26'43" W as the dOwnstream terminus. 6. The use of the water is to appropriate such mini- Inurn stream flows as are required to preserve the natural environment to a reasonable degree. 7. The date of initiation of appropriation is May 12, 1978. 8. The amount of water claimed is: of ~ater per second of time. 2 cubic feet 9. The water was fi rst appl ied to the above benefi- cial use on May 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3),37-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), kno.....n as Senate bill 97, signed into law, April 23, 1913.. 11. Statements of opposition were timely filed by tne Colorado River Water Conservation District and the United States of America and as a result, on ~-6p-rIi"A.4~J<. z~ _1-'-.1_8____________, the appl icati on was rereferJ'"ed 7e> the water judye for Water Division No.5. 12. The statement,.&' of opposition of the Colorado ~VclC Hater Conservat i on 0 i str i ct wfiDl6 subsequent 1 y wi thdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in ttlis ruling of the referee. As a result, tt\C appl ication has again been referred to ttle water referee by the water judge for Water Division No.5. The referee does therefore conclude that the above-entitled appl ication Should be granted a.nd that 2 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum strea~ flow as required to preserve the natural environment to a reasonable degree on Sopris Credk between the beginning and end points as described in para~raph 5 above, with an appropriation date of May 12, 1978, absolutely and unconditionallyi subject, however, to the following stipulated agreement: a. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Appl icant shall apply for any special use permits or rights-oF-way, as the case may be, if the same are required -2-